The new fiscal year starts in October for USCIS and Department of State, and with the fresh fall weather comes fresh opportunities for green cards. As always, there will be a limited number of green cards available, and the season starts soon!

In October 2012, the following will happen:

1. The EB-1 category (for aliens of extraordinary ability, outstanding researchers and professors, and certain multinational managers and executives) will remain open – anyone applying in this category can submit their petition and an application for permanent residence together.
2. The EB-2 category (which includes the National Interest Waiver petition and also includes labor-certification-based positions that require at least a master’s degree, or a bachelor’s degree and five years of progressive experience) will open up again for “all other countries” other than China, India, Mexico, and the Philippines. The priority date for China and India may be August or September 2007, according to sources at Department of State.
3. The EB-3 category will also start seeing movement again.

What Should You Be Doing Right Now?

If you are thinking about starting the green card process, or about “up-grading” from EB-3 to EB-2, you should start the process now, to make sure you get one of the newly released green cards that will be available in October, because as always, they’ll only be available for a limited time!

If you are thinking of filing in the National Interest Waiver or EB-1 category, you should start that process now, so that you will be ready to file in October. Remember, it can take some time to gather and edit the required letters of recommendation and additional documentation needed.

Likewise, the labor certification process, which is required for most positions, takes approximately 2-3 months to prepare before filing. Again, if you start now, you may still be able to take advantage of the newly available green cards.

If you already have an approved EB-3 labor certification, and if your current position requires at least a master’s degree (or bachelor’s degree plus five years of progressive work experience), you may want toconsider filing a fresh labor certification for the EB-2 category. Remember, you can take advantage of the earlier priority date from your EB-3 filing if the I-140 petition is approved.

And don’t forget - whether a green card is immediately available or not for any particular person is determined by a number of things, including the person’s country of birth, the date he or she started the green card process, and the type of green card filing. For a detailed explanation of this allocation process, see https://www.sumnerimmigration.com/blog/entry/what-is-a-priority-date

We can help walk you through it successfully. Contact Sumner Immigration Law today at (804)337-1024, or e-mail us at esumner@sumnerimmigration.com to set a consultation to form your strategy for immigration success!